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Found 33 results

  1. Hi, my fiancé has her K-1 visa interview next week. When we started this process, she was here visiting when we decided we wanted to see what we could do so she could eventually be here with me. We hired a lawyer. Long story short, he lied to us, took advantage of us knowing we were young and uneducated on immigration and such. He told us she could stay in the U.S with me while we filed. She overstayed 120 days, but she left as soon as we talked to another lawyer and found out she’s WASNT allowed to be here. The lawyer stopped contacting us, and wouldn’t admit his lies and manipulation. Has anyone dealt with overstaying and still been approved and do you think she will be approved or denied? Her interview is in Montreal, Canada and she was here in the U.S. just with her passport.
  2. Hi, my fiancé has her K-1 visa interview next week. When we started this process, she was here visiting when we decided we wanted to see what we could do so she could eventually be here with me. We hired a lawyer. Long story short, he lied to us, took advantage of us knowing we were young and uneducated on immigration and such. He told us she could stay in the U.S with me while we filed. She overstayed 120 days, but she left as soon as we talked to another lawyer and found out she’s WASNT allowed to be here. The lawyer stopped contacting us, and wouldn’t admit his lies and manipulation. Has anyone dealt with overstaying and still been approved and do you think she will be approved or denied? Her interview is in Montreal, Canada and she was here in the U.S. just with her passport.
  3. Hello everyone. Please advice i came to US on tourist visa. Five months in my boyfriend proposed and we decided to get married as he didn’t want me to leave. We got married on the last day my I-94 was expiring (October 2018). We have been doing research on the adjustment of status and now we’re ready to file. Do we need a lawyer? Considering that I’ve been out of status since October 2018 (4 months now) even though I was legally married when my I-94 expired. Please advice. Kind regards
  4. Hello, I really need help with this. I flew to the US late 2017 after getting cleared for travel on ESTA. I made a mistake on the form due to misunderstanding the language, the crimes involving moral turpitude, I google it and it stated crimes such as rape and murder so I thought "well no definitely not" and ticked no. It also mentioned criminal convictions, I have received x2 criminal damage charges cautions which to my knowledge was not a conviction and ticked no. On my way to leave I lost my passport and had to get a temporary passport and book a new flight, by the time I was able to leave I was overstaying the VWP and no longer eligible to travel on it. I wanted to go back later in the year and applied for a tourist visa and was denied, at this point I learned I shouldn't not have been able to travel in the first place which was quite a shock. When I was over there I met a woman and we were attracted to each other, In November 2018 she came and spent a month with me and we fell in love. We are very much in love and want to be together and want to get married. She is waiting for her divorce to finish and then we plan to marry, and she wants me to relocate to the united states so we can start our lives together but obviously a number of things have happened and I want to know how badly this has messed things up, and if its even possible for us to marry. It looks really bad and I really need to know if its possible for us to be together,
  5. Alright, here goes: I am a US citizen (and UK), with US residency. My husband (as of 10/01/18) is a Dominican & Greek Citizen with DR residency. I'm in the DR with him now, but am going stateside next week. We wanted to start his green card process, but I'm a little intimidated. Husband came to US on ESTA Program 5 years ago, and overstayed 1.5 years. He wasn't deported, he bought a plane ticket and left. He was arrested when he was in US, but has no charges on record. He also had cancer, which I'm being told may impact Visa? My understanding is we have to apply for the Visa we know will be denied, and THEN file a waiver? Why can't we just jump to the waiver? We have spoken to: one useless Dominican attorney who told us the waiver is just an apology and no big deal, one Catholic charities representative who has said everything will suck for us, and I can't apply til I have health insurance for him (?) and that's it. That's literally as far in the process as we have gotten. Any help?
  6. Hello, I hope you all are doing great in this nerve-wrecking visa process. What an adventure it is... I am seeking some advice, since I am really confused and struggling with an issue with my application: my O1-B visa application was recently approved by the USCIS, but now I am scheduling the corresponding interview at the consulate and I am struggling with the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" This is my information: I applied for an O1-b visa from the United States while on OPT (and D/S on my i-94), but the application was denied on March 23. The denial said that I (or better said, my petitioner) had 33 days to fill an appeal, or, otherwise, the decision would be definitive. My petitioner and I seriously considered the appeal, but finally discard that option. Thus, I left the United States on April 24, which means 32 days after the denial, and one day before the period to fill the appeal expired. I thought that during those 32 days I was not accruing unlawful presence, but apparently I was wrong and yes, accruing it. I moved to my country and re-applied again from there (France, where I currently am) and my petition was approved on December 1. I am filling the DS-160, where I have to answer the question above mentioned about overstaying. So, even if my overstay came from the explained circumstances of evaluating the possibility of filling an appeal (and thus I think I had good reasons for my overstay), I am answering "yes". My questions come now: there is a section stating that I can explain my answer; what should I write there? Or simply said, is my argument, even real, convincing enough so that I pass the interview? Should I come up with a different angle to answer that? And also, do you think that my overstay of 32 days is going to ruin my chances of being approved by the consular officer? Thanks for taking the time to read and answer my question, I much appreciate it. Best
  7. Hello people, Thank you in advance for your responses. I came to America in June 2016 on my tourist visa which expired after 6 months in Dec 2016, I married my husband in November 2016 but we did not file concurrent AOS until April 2017, the forms were initially rejected due to them being expired so once we sent everything back it was May 2017 and they were received with no problems. I have since been granted my combo card and would really like to travel back home for maybe two weeks to help assist with my dad. I am very nervous as I did overstay I think a little over 130 days seeing that my i94 expired in dec 2016 and I didn't file and have my forms received until May 2017. Kindly advise if this is a good idea, I haven't been home in about a year and my brother has been taking care of my father and could really use some relief. What can I possibly be faced with when it's time to return to the US to my husband. I hope to buy a one way ticket and then buy another one way ticket when I am returning, will this be another issue? Thank you so much for your assistance.
  8. Hello Visa Journey members. This thread is for anyone that has a Priority Date/Receipt Date from the second half of 2017 (July - December 2017) waiting to get their interview scheduled at the Houston Field Office. Please post your PD/RD and your current USCIS online account (both sites and App) status’. Have you received an interview letter and if so, when is your interview date? Please share your interview experience for those that already had their interview, thanks.
  9. My boyfriend came here on a student visa when he was 17, his visa was to expire before his 18th birthday. So his sister's husband adopted him around that time,(his mom had no way of taking care of him) his sister told him his renewal for the visa was denied, come to found out she never reapplied for him. Fast forward its been 10 years since that happened. We tried filing before but its hard to know what we can or can't do. We want to get married. I just need advise badly. Thanks for all your time.
  10. Hi! Me and my fiance will be applying for a K1 visa in January. We have started filling out the I-129F, which has raised some concerns. We met while I was an exchange student at his high school in 2014. When I came back home to Sweden after my exchange year, my mom just landed a job at Vanderbilt in Nashville so me and my whole family moved back to the US. My mom held the J1 visa, and the rest of us were j2's. After two months of living in TN my youngest sister got very sick, so my family had to return to Sweden. I, however, stayed and moved in with my boyfriend. I never stayed overstayed the visa, I actually left several months before it ran out, but I have since learned that I should have left along with the J1-holder. Since this I have travelled back to the US many times without any issues and I have been issued an ESTA. We are however worried that me staying, after my mother left (even though I didn't overstay) might get our K1 denied. Has anyone been in a similiar situation? On one hand we believe that if my stay in the US would have been unlawful, I wouldn't have been given an ESTA and on the other hand we believe that this can get us denied,
  11. Hello. If he (child) came here on a B1 Visa (6 months duration) with his Mother, later Overstayed. He had a Labor Certification filed on or before 4/30/01 as an adult while on Overstayed status. The petition was later withdrawn but it was approvable when filed. An I-130 petition was filed in 2011 by his USC Mother in the category of unmarried adult, 21+, I-130 approved in 2014. The Overstayed beneficiary would still be grandfathered under 245i and be able to AOS in USA correct? Note: The beneficiary never left USA after the B1 Visa expired.
  12. Hello everyone, I'm planning on filing my parent's I-130's soon. My parents have overstayed their visas 1+ years before. They're last entry was in June 2009 and exit on July 2009. Before that, they entered in 2002 and stayed in the US until October 2007. Since I'm filing soon, I'm hoping their I130's will not be approved before July 2019 (10 years from their last entry). My parents have not attempted to return to the US since then and have not renewed their visas. Has anyone had a similar case? What are my chances of being able to bring them to the States?
  13. Hi everyone! So i'm pretty new to this website and im desperately looking for some advice on this unique situation im going through. In November 2016 I was granted a 4 year F-1 visa to study in the states. I only completed about a year, and then I left school to take a semester off. My international adviser had told me that I could remain in the US until i returned to my schooling. Obviously that's not the case as I now know, and I ended up accidentally overstaying my F-1 visa by just under 4 months (Less than 180 days). This happened in May 2018. While I was studying I met my partner. We have since decided to get married and are beginning the k-1 visa process with the help of our lawyer. Its been two months since I have been denied entry into the states. So my question is, with my previous visa overstay how likely am i to get my k-1 visa?
  14. Hello, I wonder if someone can add any thoughts to the following situation: My sister, a citizen of Russia, came to the USA in 1994 with B2 visa. She was 19. She overstayed her visa (6 years), applied for permanent residence in Canada (based on points/work) and in February 2000 she moved to Canada. She applied for a tourist visa to the USA in 2000 and 2001 in Toronto - she wanted to come to see her family. She was denied. In 2002, when she still had a Russian passport, she went again to the Consulate in Toronto and after talking to the consular officer, she was told to apply for a waiver. She did it. In July 2002 she got visa (she was ineligible to get a visa under section 212(a)(9)(B)(i)(II) - that was written in her passport) - she got a one entry B2 visa. That is printed on her visa: 212(d)(3)(A) waiver of 212 (a)(9)(B)(i)(II) granted by INS. My sister went to NYC, stayed for 6 days (I had a baby) and came back to Canada. Then, in November she applied again for a B2 visa to come and be a godmother of my daughter. She again was told to submit a letter from the employer, bank statement, proof of address and she got a new tourist visa, multiple entries, valid for 2 years, with the exact annotation about waiver granted by INS. Sister came to visit me for a few days, then she visited me several times (never longer than 5-7 days). In September 2004 she got a citizenship in Canada, and she came to the USA using a Canadian passport (with no waiver/visa imprinted). She did it maybe 5 times, no issues on the border. In April 2005 she came to the USA and stayed. I submitted an immigrant visa petition for her years ago (I am a US citizen), it was approved, currently the documents are in NVC and now, after we met a lawyer, he told us, that my sister - as Canadian citizen - because she did not receive form I-94 at the border, she is admitted for duration of status, so she has no ban and she can receive an immigrant visa in Canada (she was not found deportable by any judge or immigration official). But as it seems to be easy, we started digging dipper: but what about her previous overstay? I mean she got a waiver but it was for non-immigrant visa, am I right? Or this waiver was good also for the immigrant visa that she can get through my sponsorship? I am not familiar so I will appreciate any input. We met 4 lawyers: conclusion: 1 of them say she is good to go, 2 others say 'no', 1 said: "It's a good question". Thanks a lot for any information, thoughts, anything.
  15. Hello all - I am a tourist overstay granted Advance Parole along with my EAD, received through my marriage to a US Citizen. I thought that people here who have been in the same situation - ie >180 day overstays (and otherwise subject to 3 year or 10 year bar if s/he were to have departed the country prior to receiving advance parole) who were granted Advance Parole and traveled and came back with no problems could post their experiences here to give the rest of us comfort and confidence. Stories where people were actually denied entry also welcome here, for comparison purposes. Thanks!
  16. Hello! I have filed for my husband's AOS from h2a with atleast 9 years of overstay. We filed his 130 concurrently with his 485 and the ead/ap. We also filed for my step children ( his minor bio kids that reside in Mexico) i 130. all in one big bulky package. USCIS received the package may 11, yesterday I got the text message that my hubby's files are accepted. Checks were cashed today BUTTTTTTTT.... only my hubby's files were accepted and only his check was cashed, is that normal? Am I being overly worried about nothing or there's something wrong with the kids' i 130? Any and all advise please, thank you.
  17. Hi All, OK! So little old me was dating a us citizen, i visited in Sept '17 and we hit it off, we instantly clicked but we knew we would have to take things slow because we would only see each other every three to four months. I returned to the UK in Oct '17 with the intention of returning in Dec'17. We carried on dating and we couldn't wait to reunite. In december my grandfather died, crushing me and leaving me wanting to reunite with my boyfriend faster. I returned to the USA and spent xmas and new year with my boyfriend and his family, whilst here i was notified of the funeral date, i decided to stay here with my boyfriend for the remainder of my esta as i was struggling to come to terms with everything. I resigned from my job in the uk as my dad told me he would hire me upon reinstating his company within the next month or so and the job i had would of had to let me go as i no longer was allowed time off work. Three days before i was due to leave (Esta Expiry Date was in three days) my boyfriend took me for a hike in the forest as one of our last few times we could spend together.. he proposed saying since ive been here he couldn't live without me, it would kill him to see me go home again. I said yes. We married two days later, in a little but cute chapel. We had every intention to try even though impossible to file everything within the next week, haha! We were so shocked how much you have to do, but my esta ran out within two days of our wedding and now im here overstaying. i've overstayed nearly two months as ive been waiting for my medical records from the UK. Am i right in thinking because i came here under intentions of returning home & because the marriage was bona fide & spur of the moment i am able to file for AOS? What is the chance of it being denied & being deported? Any and all help is welcomed. Thanks, Roll Tide!
  18. Hi, My name is Boris. I was in 2015 on J1 visa in USA, I made a mistake when I calculate a date of my visa expires and stayed 9 days longer. Last year, i was apply for J1 again, but get denied. I'am last year of college, and i really want to visit USA for last time. later I will no longer have the opportunity. Should I apply for a visa, and can I get it again ? I'm a regular student, I have never renewed the year. I gave almost all exams. But, overstay make problem. Thank You !
  19. My dear friend of 15 years accepted my marriage proposal. I'm excited. I visit every year from USA to Thailand to see her, other friends. She lived in the USA for several years, and managed to get caught in a visa overstay situation (she moved and the mail did not get to her). So she has been banned from reentering the USA for 10 years. It's been nearly 6 years into that ban. The question is: if I go to Thailand to get married, will she be able to now get a spouse visa? Or will the ban prevent her, as my wife, from getting a Visa to USA? And if so, can I/she petition the ban? It was not her fault she overstayed (by a few months).
  20. Hello everyone, My husband is at the stage where we are submitting DS-260 and scheduling an appointment for a visa interview at the Juarez Consulate. My husband entered the USA in 2001 unlawfully and left in early 2008. After he left, we maintained contact and I eventually moved down to Mexico with him. We lived together in Mexico for 7 years as a married couple and are now applying to come back. We decided to immigrate 1.5 years ago, and I returned first back to the USA in January 2017 while he is staying in Mexico. Rather than apply for an I-601 so close to the date, we decided to just wait out the 10 year ban for him to apply "normally". Interesting thing about this is that my husband was never under any immigration proceedings in the USA. There is literally no evidence that he was ever there. Even so, we are going to tell the truth regarding his time in the United States unlawfully. My question is if the consulate will want to have evidence of my husband leaving the United States, even though there is no evidence that he was ever there either way. The reason I ask is because there is also no solid evidence of when he returned to Mexico, because when he returned he just crossed back on foot through Tijuana. Will they even care about this? If so I suppose we could prepare affidavits, but I just want to check if anyone has been through this or has any insight. Thank you for your help!
  21. OK so if a parent of a Naturalized U.S. Citizen enters the U.S. under the Visa Waiver Program and overstays by a year, can the citizen petition for the parent to get their green card even though they over stayed? Would it be forgiven?
  22. balkanboy

    Overstaying tourist visa

    Hello All, Yesterday my relative was in very unusual situation. She was going to leave the US using flight through Boston. We found that all flights were cancelled because of the storm and that the next available flight is the day after. When I explained that she needs to leave the US by midnight, otherwise she will break the law by overstaying her tourist visa, customer service said "I am sorry". When we found that all other international flights are booked, we went to airports immigration office (in waiting area). I explained her situation and at first officers were not nice, asking why she waited the last day, etc. When I asked is it possible to extend her stay for one more day, they said that they cannot do that. When I asked what will happen at POE when she travels to the US next time, I was told that she basically overstayed her visa, but because it is only one day it depends on officer at POE if she will be admitted. The gentleman was describing that if the officer will admit her to the US at that point depends on factors like if he had good or bad morning coffee that day. At the end, he gave us suggestion. He said that once you go back to your country, go to the US consulate and explain what happened. They (US consulate personnel) have power to void previous visa which will void overstay and issue new tourist visa. I hope this will help someone who is in "The act of God" situation. Thanks, Balkanboy
  23. I initially came to the US on a TN status late last year. However, I was fired from my job shortly after. A couple of months after I was fired, I met someone whom I would like to marry and start a life together. Would it be possible to adjust status from inside the US in this situation? My actual i-94 date doesn't run out for a further two months. The problem is, I have only known this person for a couple of months, but have proof of a bona-fide relationship - chat logs, receipts, etc. What would be the best course of action in my situation?
  24. Big Red34

    B2 Visa - Medical Issue

    Greetings, I have a friend who has developed a medical condition (fibroids) who may require surgery. Can she overstay to have the surgery here? If so, how do we go about that process? Sorry if this is in another chain already but I couldn't find anything.
  25. Hi All! I am a Canadian passport holder and wanted to see if any other Canadian have applied for a B2 visa? Last time I tried to enter, I was asked to withdraw my application to enter the US as they believed I was an immigrant with non immigrant documents. My husband is a US passport holder, so this is why they believed so, plus I had previously overstayed a bit, but have no ban. I know Canadians dont need a visa to enter, so just wanted to see if anyone else has had a b2 visa as a Canadian. Thanks